Texas 2023 - 88th Regular

Texas House Bill HB4914

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to removing criminal penalties for possession of certain small amounts of controlled substances.

Impact

If enacted, HB 4914 would significantly alter the way Texas law handles drug possession, moving from a punitive approach to one that favors decriminalization for small quantities. This shift could alleviate some pressure on law enforcement and the courts, allowing them to focus on more serious crimes. Moreover, the bill proposes a change that would apply only to offenses committed after the bill's effective date, preserving the previous legal framework for prior offenses. Proponents claim that this change not only promotes fairness but also aligns with public health approaches to substance abuse rather than stigmatization.

Summary

House Bill 4914 seeks to amend the Texas Health and Safety Code by removing criminal penalties for the possession of certain small amounts of controlled substances. The bill aims to address the ongoing debate over the criminalization of drug possession, particularly for small quantities, and is in line with broader national trends toward drug decriminalization. By making these changes, the legislation intends to reduce the burden on the judicial system and limit the adverse social impacts associated with criminal charges for minor drug offenses.

Sentiment

The sentiment surrounding HB 4914 appears to be mixed, with some legislators and advocacy groups supporting its passage as a step toward more progressive drug policies. Supporters argue that decriminalizing minor possession helps to reduce incarceration rates and promotes better public health outcomes by treating substance use as a health issue rather than a criminal one. Conversely, opponents express concerns that such a measure may inadvertently encourage drug use and complicate enforcement efforts against larger-scale trafficking operations.

Contention

Notably, discussions around HB 4914 revealed points of contention regarding its potential impact on communities plagued by drug-related issues. Critics worry that removing penalties may not adequately address the root causes of drug abuse and could lead to increased availability of narcotics. Additionally, there are fears about the message that decriminalization may send regarding drug use, particularly among youth. Advocates for the bill maintain that equitable access to treatment and support services is essential and that reforming possession penalties will facilitate those objectives.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: 115
    • Section: 116
    • Section: 1161
    • Section: 118
    • Section: 119
    • Section: 121

Companion Bills

No companion bills found.

Similar Bills

WV SB463

Creating new penalty and procedure for simple possession of certain Schedule I or II substances

OR SB670

Relating to possession of controlled substances; prescribing an effective date.

IA SF178

A bill for an act relating to the possession of marijuana and providing penalties.

CA AB532

Drug courts: drug and alcohol assistance.

WV SB219

Amending penalty of simple possession of marijuana from misdemeanor crime to civil violation

UT SB0090

Mandatory Jail Sentence Amendments

CA AB1218

Controlled substances.

ND HB1030

AN ACT to amend and reenact subdivision i of subsection 1 of section 12.1-32-02, sections 15.1-19-13 and 19-03.1-23, subsection 6 of section 19-03.4-03, subsection 17 of section 27-20.2-01, subsection 26 of section 27-20.4-01, subdivision c of subsection 4 of section 27-20.4-17, subsection 4 of section 27-20.4-26, subsection 5 of section 29-26-22, section 39-06-36.1, subsection 9 of section 39-06.1-11, subdivision f of subsection 5 of section 39-08-01, and sections 39-08-01.5 and 54-12-27.1 of the North Dakota Century Code relating to changing drug court to treatment court.